Trespass Letter of Consent by margaretlester


									                                                 Salem Revised Code - SRC 95.550 Trespass
                                                 (A) It shall be unlawful for any person to enter or re-                  SALEM POLICE
                                                     main in or upon premises when the premises, at the
                                                     time of such entry or remaining, are not open to the
                                                     public, or when the entrant is not otherwise licensed

1.Complete the form on the reverse side of           or privileged to so.
                                                 (B) It shall be unlawful for any person to fail or to
 this brochure.                                      leaver premises that are open to the public after
                                                     being lawfully directed to do so by the person in

2. Detach the registration                           charge.
 portion and return only                         (C) It shall be unlawful for any person, with the intent to
                                                     cause substantial inconvenience to the owner or to
 the registration form to:                           another person, and having no right to do so, nor

                                                     reasonable ground to believe that he has such right,
 Salem Police Department                             to tamper or interfere with or damage property of
 Crime Prevention Unit                               another.
 555 Liberty St. SE, Room 130                    (D) It shall be unlawful for any person to enter premises
 Salem, OR 97301
3. Save the remaining portion of this
                                                     that are open to the public after being lawfully pro-
                                                     hibited from entry to the premises. (Ord. No. 3389;
                                                     Ord. No. 60-76; Ord. No. 30-2003)                                CONSENT
 brochure. It contains helpful information
                                                 SRC 95-548 DEFINITIONS: As used in SRC 95.548 and
 regarding the trespass ordinance and            95.550, except as the context requires otherwise:
 your responsibilities as participant in this    (A) “Open to the public” means premises which by their

                                                                                                                                         PROTECT YOUR PROPERTY WITH T.L.C.
                                                     physical nature, function, custom, usage, notice, or
 program.                                            lack thereof, or other circumstances, at the time
                                                     would cause a reasonable person to believe that no
                                                     permission to enter or remain is required.
                                                 (B) “Person in charge” means a person, his representa-
       Do you have other questions?                  tive or his employee of the person who has lawful
                                                     control of the premises by ownership, tenancy, offi-
Please contact the Crime Prevention Unit staff       cial position or other legal relationship. It includes,
                                                     but is not limited to the person or holder of a posi-
              at (503) 588-6175.                     tion, designated as the person or position-holder in
                                                     charge by the Governor, board, commission of gov-
                                                     erning body of any political subdivision of this state.
                                                 (C) “Premises” includes any building and any real
                                                     property, whether privately or publicly owned.

                                                          SALEM POLICE DEPARTMENT                                          CRIME
  Thank you for your interest in
                                                            CRIME PREVENTION UNIT                                     PREVENTION UNIT
    creating a safer Salem —
                                                       555 Liberty St. SE, Room 130 • 97301                            (503) 588-6175
   one neighborhood at a time!
                                                                    Phone: (503) 588-6175
                                                                     Fax: (503) 588-6272
                                                 F:\COMMON\CRT\Crime Prevention\ amh 5/2009
                                                                                                                                                                                    FOR OFFICE USE ONLY

                                                                                                                                                        STREET NAME                                  PERMIT NUMBER

What is a Trespass Letter of Consent?                    How do I put a letter on file?                                                                 DATE RECEIVED                                ENTRY DATE / INITIALS

A Trespass Letter of Consent is a document which         If a Trespass Letter of Consent (TLC) would be help-                                            TRESPASS LETTER OF CONSENT
allows a police officer to take enforcement action on    ful to you, complete the form included in this bro-                                            I,
your behalf without first contacting you.                chure and return it to the Salem Police Department                                                  NAME

                                                         Crime Prevention Unit. The original copy will be
                                                                                                                                                        MAILING ADDRESS
Police officers do not normally have the authority to    retained by the Salem Police Department.
go onto private property, which is not open to the                                                                                                      CITY/STATE                                                   ZIP
public, and remove individuals or request them to        What else do I need to do?
leave without the consent or authority of the prop-                                                                                                     HOME PHONE                      WORK PHONE                   MOBILE PHONE
erty owner. If an officer observes someone on pri-       In addition to your consent letter, your property
vate property when the business is closed, or a          should be posted with ‘No Trespass’ signs. The signs                                           VALID/CURRENT EMAIL ADDRESS

problem is reported by someone who does not have         must include the Trespass SRC 95.550. These signs                                                BEING THE (Check the appropriate box.):
the authority to sign a trespass complaint, the police   should not include any language specific to loitering.                                            PROPERTY OWNER
department must contact the person who is legally
                                                                                                                                                              LESEE - BUSINESS NAME, if applicable
responsible for the property.
                                                         What happens next?

                                                                                                                   RETURN ONLY THE CONSENT PORTION
                                                                                                                                                              BUSINESS NAME
A Trespass Letter of Consent gives Salem Police Of-      Should an officer respond to your property, the                                                      MANAGER - BUSINESS NAME, if applicable
ficers permission to act on behalf of the property       computerized trespass file is available for officers to
owner or manager in trespass situations.                 quickly determine if there is a current TLC on file                                                  BUSINESS NAME

                                                         and take appropriate action.                                                                         OTHER PERSON HAVING LAWFUL CONTROL OF PREMISES BY
Officers who observe trespassers on private prop-                                                                                                             TENANCY, OFFICIAL POSITION, OR OTHER LEGAL
erty can address the problem immediately, rather                                                                                                              RELATIONSHIP. Please explain briefly:
                                                         What happens if I change my mind or sell my
than having to wait, contact a property owner or
manager, if one can be located, or take no action at     property?
                                                         If the status of your property changes in any way,                                                  OF THE PREMISES* LOCATED AT:
                                                         we ask that you notify us as soon as possible and
What happens if you arrest someone based on              arrange for your trespass letter to be updated or
                                                                                                                                                      SITE ADDRESS OR TAX LOT NUMBER
my signed letter?                                        removed from our files. If there are no changes, a
                                                         renewal letter will be sent to you annually.                                                        DO HEREBY DESIGNATE EACH AND EVERY POLICE OFFICER,
                                                                                                                                                             NOW AND HEREAFTER, EMPLOYED BY THE CITY OF SALEM AS
In some cases, officers are able to resolve trespass                                                                                                         MY AGENT AND REPRESENTATIVE FOR THE PURPOSE OF
complaints without arresting the involved subject.       You may revoke your trespass letter in two ways.                                                    ENFORCING SECTIONS 95.548 THROUGH 95.550 OF THE SALEM
However, there are situations where the officer has      First, when you receive your renewal letter, simply                                                 REVISED CODE. THIS AUTHORIZATION SHALL CONTINUE IN
no choice, but to cite or arrest an offender. In those                                                                                                       FULL FORCE AND EFFECT UNTIL SUCH TIME AS IT IS REVOKED
                                                         write ‘cancel’ across it and return it to the police                                                IN WRITING AND SAID WRITING IS DULY DELIVERED TO THE
instances, you will be expected to be available for      department. Your letter will be purged from the file                                                SALEM POLICE DEPARTMENT.
any resulting court action.                              immediately upon receipt of your cancellation. If,                                                                              Dated this _____ day of __________, 20_____
                                                         however, you do not want to wait for the renewal
What is the law regarding trespass?                      notice, you may notify the Crime Prevention Unit in
                                                                                                                                                      SIGNATURE                                   PRINTED NAME
                                                         writing and request your trespass letter be can-
Generally, a person commits the offense of Trespass      celled; it will be removed from our files.                                                                  EMERGENCY CONTACT INFORMATION (optional):
if the person enters or remains unlawfully in or upon
                                                                                                                                                     NAME (LIST ANY APPLICABLE TITLE)                            DATE OF BIRTH
premises when such premises is not open to the pub-
lic; or the person fails to leave premises that are
                                                                                                                                                     HOME PHONE                    WORK PHONE                    MOBILE PHONE
open to the public after being lawfully directed to
do so by the person in charge. Refer to the City of      Thank you for your interest in the TLC program.
Salem Revised Code regarding Trespass on the re-          For additional information, please contact the                                             NAME (LIST ANY APPLICABLE TITLE)                            DATE OF BIRTH

verse side of this brochure.                                Crime Prevention Unit at 503-588-6175.                                                                                                               MOBILE PHONE
                                                                                                                                                     HOME PHONE                    WORK PHONE

                                                                                                                                                                    *ONLY ONE ADDRESS PER TLC FORM IS PERMITTED.

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